My ex-husband is asking for a reveiw of the child support he pays. I am required to fill out a financial afidavit. I don't have any income other than his child support because currently I'm a stay at home mom of 3 and a part time college student. I am remarried and my husband brings in the income. What I want to know is, how do I fill out this form. Do I put $0 as my income? Or should I be including my husband's income, even though it is not his responsibility to support the kids? If I put $0 will I be considered underemployed?

01-16-2011, 07:55 AM

mistoffolees

You do whatever the form requests. If it asks for your income, you put YOUR income. If it asks for household income, you put household income. (In general, it's more likely to ask solely for your income, but household income can be important for some things, so it might be asked).

Yes, you will be considered voluntarily unemployed. The court may, if requested, impute income to you - possibly full time at minimum wage. That could reduce the amount of CS you receive, so if you want to stay in school, your new husband may end up supporting you and (partially) the child. He has no legal obligation to do so, of course, but if you've made a family choice to forego your income while you're in school, the difference must be made up somewhere.

01-16-2011, 08:00 AM

LdiJ

[QUOTE=swilliams1;2729727]What is the name of your state (only U.S. law)? Florida

My ex-husband is asking for a reveiw of the child support he pays. I am required to fill out a financial afidavit. I don't have any income other than his child support because currently I'm a stay at home mom of 3 and a part time college student. I am remarried and my husband brings in the income. What I want to know is, how do I fill out this form. Do I put $0 as my income? Or should I be including my husband's income, even though it is not his responsibility to support the kids? If I put $0 will I be considered underemployed?[/QUOTE]

You put down zero and then expect to be imputed an income based on what you could reasonably earn.

01-16-2011, 10:13 AM

CourtClerk

[QUOTE=swilliams1;2729727]If I put $0 will I be considered underemployed?[/QUOTE]
You [B]ARE[/B] underemployed. Severely. Zero should NEVER be an option as long as you have kids to feed. You need to get a job.

01-16-2011, 10:33 AM

nextwife

[QUOTE=swilliams1;2729727]What is the name of your state (only U.S. law)? Florida

My ex-husband is asking for a reveiw of the child support he pays. I am required to fill out a financial afidavit. I don't have any income other than his child support because currently I'm a stay at home mom of 3 and a part time college student. I am remarried and my husband brings in the income. What I want to know is, how do I fill out this form. Do I put $0 as my income? Or should I be including my husband's income, even though it is not his responsibility to support the kids? If I put $0 will I be considered underemployed?[/QUOTE]

In addition to the voluntary underemployment, are there ZERO household investments that generate any income? No stocks, no savings, no CDs, no ANYTHING at all that you and your husband own that may pay out any interest or dividends or returns of anykind? You generate no income and have no dollars of any kind, as a couple, in any back-up savings or investments?

01-16-2011, 11:02 AM

CJane

[QUOTE=nextwife;2729796]In addition to the voluntary underemployment, are there ZERO household investments that generate any income? No stocks, no savings, no CDs, no ANYTHING at all that you and your husband own that may pay out any interest or dividends or returns of anykind? You generate no income and have no dollars of any kind, as a couple, in any back-up savings or investments?[/QUOTE]

Very little of that is relevant for the child support affidavits that I've seen. There IS a section for "other income", but all she'd be reporting is [I]her portion[/I] of any dividends that aren't reinvested. Not gonna be much at all, if anything.

Also, I'm curious what Mom's income was when the order was set. If she was unemployed THEN and was not imputed an income, it's possible that she would not be imputed one NOW either. Particularly if her children are younger than school age (and the cost of daycare would likely be more than she'd make @ a minimum wage job).

01-16-2011, 11:31 AM

mistoffolees

[QUOTE=CourtClerk;2729787]You need to get a job.[/QUOTE]

That's not entirely fair. If new husband is willing to support her and pay her share of cost of supporting the kids while she goes to school, that's a perfectly reasonable position for them to take. There's some risk if new hubby goes away, but they are apparently willing to take that risk. Of course, she should be imputed income so that she (via her husband) is responsible for her share of child support, but there is absolutely nothing wrong with new husband saying "I know that your share of child support is $1,000 per month, but I'm willing to take on that responsibility so that you can go to school/spend more time with the kids/hang out at the spa/whatever".

I did it - my ex had a couple of kids from a previous marriage and I was the sole income in the family so that she could do take care of the house and watch the kids.

01-16-2011, 11:33 AM

nextwife

[QUOTE=CJane;2729803] Particularly if [B]her children[/B] are younger than school age (and the cost of daycare would likely be more than she'd make @ a minimum wage job).[/QUOTE]
That argument should only be applicable if the younger children at home are from the father in the CS case. We do not know if the younger kids at home are from this dad or a later relationship.

IF any younger kids at home that require care are the shared responsibility of THAT dad, and if mom isn't having that dad (her husband?) share caregiving, why would that have any bearing in this dad's case? There are not only two options, child care or mom when a couple has a child. There are more options: child care, mom only, dad only, or mom and dad sharing. My husband and I exercised the later, for example, plus some child care, and we each were able to work.

01-16-2011, 11:39 AM

CJane

[QUOTE=nextwife;2729815]That argument should only be applicable if the younger children at home are from the father in the CS case. We do not know if the younger kids at home are from this dad or a later relationship.
[/QUOTE]

Really? How many child support modifications do you have experience with?

Having small children at home is very often an accepted reason for not working, and in the cases I'm familiar with, is probably the one most often accepted by the courts as legitimately un/deremployed and no income is imputed.

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